Washington University Law Review
During her confirmation hearings, Justice Kagan backed away from numerous critical comments she had previously made about the nomination process. No one knows why she changed her mind but it is likely that the shift resulted more from a political calculation than a change of heart about the nature of the process. This Commentary suggests that Justice Kagan could have testified consistently with her previously expressed views and still have been confirmed.
Eric J. Segall, What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), 88 Wash. U. L. Rev. 535 (2010).
Institutional Repository Citation
Segall, Eric J., "What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed)" (2010). Faculty Publications By Year. 1681.